In Ontario driving while impaired or with 80 mg. or more of alcohol in 100 milliliters of your blood is a criminal offence. Upon arrest, your driver’s license will be suspended for 90 days and your vehicle will be impounded. Later, in court, if you are convicted or plead guilty, in the simplest case, the minimum sentence will be $1,000 with an additional $300 victim fine surcharge and you will be prohibited from driving for one year. You will have to have an ignition interlock device installed in your vehicle for the latter 9 months and take the province’s remedial program. YOU WILL HAVE A CRIMINAL RECORD. YOU CAN HAVE A TRIAL, ASSERT A DEFENCE AND REQUIRE THE CROWN TO PROVE THE CHARGE BEYOND A REASONABLE DOUBT.
THESE CHARGES ARE SO PROLIFIC THAT THEY CONSTITUTE A SIGNIFICANT FACTOR IN BRINGING DELAY TO THE COURT SYSTEM
In Saskatchewan and Alberta are dealing with these charges administratively. Upon detection by the police, in the simplest of cases, they will immediately suspend your license, impound your vehicle, mandatory use of an ignition interlock device, education courses and fines of $1,300. YOU ARE NOT ENTITLED TO A TRIAL TO CHALLENGE THE POLICE ASSESSMENT, but YOU DO NOT HAVE A CRIMINAL RECORD.
Is the lack of criminal record and relieving some court delay a sufficient trade off for not being able to effectively defend the charge in court?
